How to Challenge CQC Inspection Reports and Ratings
CQC ratings can have a substantial impact on healthcare services in terms of patient and service user uptake, contracting decisions, and CQC enforcement action. What options do registered providers have when challenging CQC ratings and inspection reports?
CQC inspection reports and ratings can be challenged by registered providers at varying stages of the publication process, from the issue of a draft report, to the publication of the final report and ratings. The two main routes of challenge available are by requesting a factual accuracy check and by requesting a ratings review.
Factual Accuracy Checks
On receipt of a draft inspection report from the CQC, registered providers can challenge a rating by requesting a factual accuracy check and submitting comments on factual accuracy. Comments on factual accuracy can be submitted if the information used to base the ratings is factually incorrect, or if the evidence relied upon is incomplete.
Registered providers have 10 working days from a draft report being issued to submit comments on factual accuracy to the CQC. It is sometimes possible to obtain an extension to this deadline. Comments on factual accuracy will be considered by the CQC following which a written response is issued to the registered provider along with the final version of the inspection report.
Ratings Reviews
On receipt of a final report from the CQC, registered providers can challenge a rating by requesting a ratings review. This is the final process available to registered providers for challenging a rating. A ratings review can only be requested on the grounds that a CQC inspector failed to follow the correct process in making ratings decisions.
Registered providers must inform the CQC that they are going to submit a rating review request within 5 working days of the final report being published. Any request must be submitted within 15 working days of the final report being published.
Alternative Options
If you are concerned about the conduct of any of the inspectors that attended your practice, or the manner in which the inspection was carried out, you may also wish to consider using the CQC's complaints process.
If you are unhappy with the outcome of the factual accuracy check or ratings review process, the route for bringing a legal challenge is via judicial review. You would need to carefully consider the risks and costs involved, and the outcome you might be able to achieve through litigation, before going down this route.
How Can We Help You?
We provide bespoke advice and support in relation to CQC inspections and with challenging inspection reports. We have had success challenging the contents of reports, proposed enforcement action and proposed ratings.
We would recommend seeking legal advice as soon as possible upon receipt of a negative CQC inspection report or rating, due to the short timescales for challenging these. We are able to assist providers with reviewing reports and advising as to the merits of any challenge. We are also happy to provide support on the day of the inspection itself, including attending the practice for the duration of the inspection.